Does California Have Romeo and Juliet Laws?

If you’ve heard about “Romeo and Juliet” laws in other states, you might wonder if California has similar protections for young couples with small age differences. These laws are designed to prevent severe penalties for consensual relationships between teenagers and young adults, but California’s approach is different.

In this post, we’ll break down what you need to know about age-of-consent laws in California and whether Romeo and Juliet protections apply.

What Are Romeo and Juliet Laws?

Romeo and Juliet laws, also known as close-in-age exemptions, are provisions that reduce or eliminate penalties for consensual sexual activities between teenagers or young adults who are close in age.

These laws recognize that many young people engage in sexual relationships with peers, and aim to prevent overly harsh punishments that could have lifelong consequences.

In states with Romeo and Juliet laws, a person who engages in consensual sexual activity with someone under the age of consent might face reduced charges or no charges at all if they are within a certain age range of their partner.

California’s Approach: No Official Romeo and Juliet Law

California does not have an official Romeo and Juliet law. The age of consent in California is 18, which means that, technically, any sexual activity involving someone under 18 could be considered statutory rape, regardless of the age of the other person involved.

However, this doesn’t mean that California law completely ignores the reality of teenage relationships. The state has taken a more nuanced approach to handling these cases.

California’s Statutory Rape Laws

In California, statutory rape is defined under California Penal Code 261.5 as unlawful sexual intercourse with a person under 18 who is not the spouse of the perpetrator. This law applies regardless of whether the minor consented to the sexual activity.

California’s statutory rape law is notable for a few key features:

1. It’s a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.
2. The severity of the charge and potential penalties depend on the age difference between the parties involved.
3. It applies to both heterosexual and homosexual sexual activity.

Age Difference and Penalties

While California doesn’t have a Romeo and Juliet law per se, the age difference between the parties does impact how the crime is charged and sentenced. Here’s how it breaks down:

1. If the age difference is 3 years or less, the offense is always a misdemeanor.
2. If the age difference is more than 3 years, it can be charged as either a misdemeanor or a felony.
3. If the defendant is 21 or older and the minor is under 16, it’s always a felony.

Penalties for statutory rape in California can include:

• For misdemeanors: Up to 1 year in county jail and/or a fine of up to $1,000
• For felonies: 16 months to 3 years in state prison and/or a fine of up to $10,000

Additionally, if the defendant is over 21 and the minor is under 16, the potential prison sentence increases to 2-4 years.

Civil Penalties

California law also allows for civil penalties in statutory rape cases. The defendant may be liable for civil penalties ranging from $2,000 to $25,000, depending on the age difference between the defendant and the minor.

Sex Offender Registration

It’s important to note that statutory rape convictions in California typically do not require sex offender registration. However, this can change if other sex crimes are involved or if the judge determines that registration is warranted based on the specific circumstances of the case.

The Reality of Prosecution for Close-in-Age Cases

While California law doesn’t provide explicit protection for consensual sexual activity between teenagers close in age, the reality is that prosecutors often use discretion in these cases.

Factors that may influence a prosecutor’s decision to file charges or the severity of those charges include:

1. The age difference between the parties
2. Whether the relationship was consensual
3. Any evidence of coercion or manipulation
4. The maturity levels of both parties
5. The wishes of the minor and their parents/guardians
6. The defendant’s criminal history

Potential Defenses in Statutory Rape Cases

If you’re facing statutory rape charges in California, several defense strategies may be available depending on the specifics of your case:

1. Mistaken belief in the minor’s age: While not an automatic defense, if you had a good faith, reasonable belief that the other person was 18 or older, this might be considered in your defense.
2. False accusations: Unfortunately, false allegations do occur. Your attorney can investigate the circumstances and challenge the credibility of the accusations.
3. Lack of evidence: The prosecution must prove beyond a reasonable doubt that sexual intercourse occurred. If there’s insufficient evidence, your attorney may be able to get the charges reduced or dismissed.
4. Constitutional violations: If law enforcement violated your rights during the investigation or arrest, certain evidence may be suppressed, potentially weakening the prosecution’s case.

At David P. Shapiro Criminal Defense Attorneys, we have extensive experience handling these sensitive cases.

We understand the stress and uncertainty that come with facing such serious charges. Our team is committed to providing compassionate support and clear communication throughout your case, ensuring you understand your options and can make informed decisions about your defense.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.